Constitutional Law I

Question	Answer
Judicial Review	Based off Marbury v. Madison, "emphatically the province and duty of the judicial department to say what the law is." They have to power to determine the constitutional validity of a legislative act.
Supreme Court Authority over State Court Judgments	Based on Martin v. Hunter's Lessee, the United States Supreme Court has authority to exercise appellate review of state court decisions.
The Marshall Trilogy Cases	1. Cherokee Nation v. Georgia 2. Johnson v. McIntosh 3. Worchester v. Georgia
Cherokee Nation v. Georgia	Indian Nations are Domestic Dependent Nations
Johnson v. McIntosh	Based on the Discovery Doctrine, Tribes do not have the legal ability to transfer title of tribal lands.
Worchester v. Georgia	Based on the Indian Commerce Clause, the laws & treaties of the U.S. contemplate Indian territories as completely separate from the States. Therefore, all intercourse with them in EXCLUSIVELY carried out by the Fed. gov't.
Acronym for Marshall Trilogy Concepts (D. E. T)	D: Domestic, Dependent Nations E: Exclusivity with the Federal Gov't. T: Tribes can't transfer title.
5 concepts arising from Case and Controversy Clause	1. Standing 2. Mootness 3. Ripeness 4. Advisory Opinions 5. Political Question
Standing elements	1. Injury in fact 2. Causation 3. Redressability
What is "injury in fact"?	1.Requires a particularized & concrete injury 2. Actual and imminent
What is "causation"?	There must be a fairly traceable causal connection between the injury and the conduct complained of
What is Redressability?	Must be likely, not speculative that the injury will be redressed by a favorable decision
What is Mootness?	The case must not arise too late (after the controversy has been resolved)
What is ripeness?	The case must not arise too soon before the issues are well-defined
What is a political question?	The issue must not be: 1. Constitutionally committed to the un-reviewable discretion of one of the political branches 2. nor one that prudentially should have been left to another branch.
What is an advisory opinion?	Opinions by the Supreme Court on the legality of executive or legislative action that do not involve a case. There has to be a concrete case for the court to rule on something's constitutionality.
Third Party Standing	The court has held that a plaintiff must assert his OWN legal rights and interests and not claim to relief on the interests of third parties.
Non-Justiciable Political Questions (A.R.T.I.)	1. A: The constitutional amendment process 2. R: Republican form of government 3. T: Treaty abrogation 4. I: Impeachment of federal judges
Justiciable Political Questions (C.P.R.)	1. Congressional Qualifications 2. Presidential Election Process 3. Recognition fo foreign sovereigns
Key main sources of Congressional Power (4)	1. Taxing clause 2. Spending clause 3. Commerce clause 4. Necessary & Proper clause
Key sources of Executive Power (2)	1. Vesting power 2. War power
Key limiting principles on the Federal Government (2)	1. 10th amendment (powers not vested in the federal government remain with the states) 2. 11th amendment (can't sue states in federal courts)
Key limiting principles on State Governments	1. Commerce Clause 2. Dormant Commerce Clause (the regulation of certain spheres are designated solely to the fed. gov't. UNLESS it delegates that power to the states)
Gibbons v. Ogden established what?	There are separate spheres for the federal and state governments and overlapping areas. (taxing)
What is the function of the Necessary and Proper Clause?	Used to effect the purposes of other enumerated powers: 1. Is the end within the scope of the Constitution? 2. Are the means appropriate? 3. Are the means prohibited by the Constitution?
Famous case dealing with the N & P Clause	McCulloch v. Maryland (if the end be legitimate, all the means appropriate may be employed to carry into effect pursuant to the N&P clause)
What are intergovernmental tax immunities?	A power to create implies a power to destroy. Where a repugnancy exists, the authority which is supreme must control. "You cannot tax your dad"
Impact of McCulloch v. Maryland	1. In areas where Congress has power, the states are subordinate. (Fed. gov't has supremacy over states) 2. Broad interpretation of the N&P clause 3. States cant take actions that would threaten the sovereignty of the U.S.
U.S. Term Limits v. Thornton	States cannot create their own qualifications for members of congress
NFIB v. Sibelius dealing with the 10th Amendment & Necessary / Proper Clause	The Commerce Clause allows Congress to regulate commerce; it does not allow it to force people to engage in commerce. N&P doesn't work here bc individual mandate not essential component to insurance reform.
Hammer v. Dagenhart	(OVERRULED) Can't regulate child labor via the CC as pretext for exercising states' police power.
United States v. Darby	Overruled Dagenhart, competition based on substandard labor conditions can be regulated.

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Constitutional Law I

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	Created by Kat Torres about 5 years ago